Patna High Court
Suryabhan Singh @ Manish Kumar @ Manish @ Suryajan Singh @ Surajbhan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Suryabhan Singh, was arrested on 27-08-2025 in connection with a case alleging that he threatened the informant's daughter with a pistol for marriage, invoking offences under several sections of the Indian Penal Code and the POCSO Act. The petitioner claimed innocence, alleging the FIR was fabricated due to a love dispute, and sought bail. The prosecution opposed bail, citing the seriousness of the charges and a prior criminal antecedent. The court examined the allegations, the nature of the offences, and the petitioner's cooperation prospects, and decided to grant bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order also stipulated cancellation of the bond if the petitioner fails to appear on two consecutive dates without sufficient cause or conceals his antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the IPC and POCSO Act involving alleged threat with a firearm.
- Whether the petitioner's prior criminal antecedent warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 3(5), 74, 75(2), 75(3), 78(2), 79
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- bail
- Indian Penal Code
- POCSO Act
- threat with firearm
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76708 of 2025
Arising Out of PS. Case No.-416 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Suryabhan Singh @ Manish Kumar @ Manish @ Suryajan Singh @
Surajbhan Singh S/O Karu Singh@ Rakesh Kumar R/O Village- Parasi, P.S-
Noorsarai, District- Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. S/O Late Radhey Raut R/O Village- Parasi, P.S- Noorsarai, District- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
For the Informant : Ms. Kumari Sujata Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 10-03-2026 Heard Mr. Anil Kumar Singh, learned counsel for
the petitioner, Mr. Brajendra Nath Pandey learned Additional
Public Prosecutor for the State and Ms. Kumari Sujata Sinha,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
27.08.2025 in connection with Noorsarai P.S. Case No. 416 of
2025, F.I.R. dated 24.07.2025 for the offences punishable under
Sections 74, 75(2), 75(3), 78(2), 79, 3(5) of the Indian Penal
Code and Section 8/12 of POCSO Act.
3. According to prosecution case, it is alleged that on
24.07.2025, when the daughter of the informant was returning
from her coaching, the petitioner came and threatened her for
Patna High Court CR. MISC. No.76708 of 2025(5) dt.10-03-2026
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marriage on point of pistol.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R and he has been
made accused merely on the ground that he was in love with the
victim girl and it appears from the FIR that petitioner did not
commit anything against the daughter of the informant. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 27.08.2025 .
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that petitioner
carries one criminal antecedent other than the present one but
fairly submits on the basis of paragraph-3 of the bail application
that the he is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned VIIth
Patna High Court CR. MISC. No.76708 of 2025(5) dt.10-03-2026
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District Judge-cum-Special Judge, POCSO, Nalanda,
Biharshariff in connection with Noorsarai P.S. Case No. 416 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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